New York Court of Appeals, 1975

Matter of Lopez v. Justices of the Supreme Court of New York County

New York Court of Appeals · Decided June 16, 1975 · Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke Concur

36 N.Y.2d 949; 335 N.E.2d 857; 373 N.Y.S.2d 552; 1975 N.Y. LEXIS 2035

Cases that cite this one

9 later published cases cite this decision.

Maluf v. Vance (Appellate Division of the Supreme Court of New York 2014)
Maluf v. Vance (Appellate Division of the Supreme Court of New York 2014)
Neal v. White (Appellate Division of the Supreme Court of New York 2007)
Brown v. Latham (Appellate Division of the Supreme Court of New York 2004)
Cummings v. Koppell (Appellate Division of the Supreme Court of New York 1995)
Owen v. Stroebel (Appellate Division of the Supreme Court of New York 1984)
Peter v. King (Appellate Division of the Supreme Court of New York 1981)
Valenti v. Mark (Appellate Division of the Supreme Court of New York 1977)
Dondi v. Jones (N.Y. 1976)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Memorandum. Alleging denial of a speedy trial contrary to statutory and constitutional rights, under an indictment charging possession of a weapon as a felony, petitioner instituted this CPLR article 78 proceeding in the Appellate Division, First Department, against the Justices of the Supreme Court and the District Attorney, New York County. Since said claim is not cognizable in such a proceeding, but may be reviewed on an appeal in the criminal action (Matter of Scranton v Supreme Ct. of State of N. Y., 36 NY2d 704; Matter of State of New York v King, 36 NY2d 59, 62; Matter of Watts v Supreme Ct. of State of N. Y., 28 NY2d 714; Matter *950 of Lee v County Ct. of Erie County, 27 NY2d 432, 437; Matter of Blake v Hogan, 25 NY2d 747), the judgment denying the application and dismissing the petition should be affirmed, without costs.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Judgment affirmed, without costs, in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.